Opinion
December 30, 1988
Appeal from the Supreme Court, Nassau County (DiPaola, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly vacated the deposition notice and subpoena served on Dr. Cilento, a nonparty witness, by the defendants Geller and Primis. Dr. Cilento became the plaintiff's treating physician after she came to him suffering from an extreme case of Cushing's disease, allegedly caused by the defendants' improper prescription of a certain cortisone drug. Since Dr. Cilento is expected to testify at trial as the plaintiff's expert, and has submitted a comprehensive medical report which, together with other medical information, has been freely exchanged by the plaintiff, the pretrial deposition sought by the appellants must be deemed unnecessary and coercive. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.